News & Analysis as of

Divorce Custody

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Lasher Holzapfel Sperry & Ebberson PLLC

“Nesting” During Divorce: Is Nesting Right for My Family?

“Nesting” is a custody arrangement where, rather than having children move between homes, the children stay in the family home and the parents move back and forth and alternate living there. While it may sound appealing,...more

Stange Law Firm, PC

The impact of realistic estrangement on child custody matters

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Many are familiar with parental alienation, where one parent deliberately tries to damage the other parent's relationship with their children, often through persistent efforts to belittle or discredit them. Though this...more

Fox Rothschild LLP

I Guess Going From 50-50 to No Overnights for 19 Months Is a Change of Circumstances

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Since the Child Support Guidelines were amended in the late 90s, the number of overnights with each parent factored in to the child support calculus for cases within the Guidelines. In general, the more overnights meant less...more

Bowditch & Dewey

Two Families Now

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Absent a waiver, anyone involved in a child custody case in the Massachusetts Probate & Family court – whether via a Complaint for Divorce, Complaint for Separate Support, Complaint to Establish Parentage, or Complaint for...more

Dentons

Child Custody in Iowa: Three Tips For Showing The Emotional Ability To Care For Your Child

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When determining child custody, Courts must weigh all factors based on what the judge feels is in the “best interest of the minor child.” Often, it can feel ambiguous in knowing how a judge may rule under this standard, but...more

Fox Rothschild LLP

Evaluating Custody Disputes Through Your Child’s Eyes

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Lawyers are a jaundiced lot. Law school is a three year exercise in anticipating what can go wrong whether in a trial or a transaction. The lawyer’s job is to anticipate, and course correct to protect the client. Napoleon is...more

Lowndes

Two Big Changes to Florida Law that Every Father Should Know About this Father's Day

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This Father’s Day, fathers in Florida have more rights than last Father’s Day. As of July 1, 2023, new laws were enacted in the state. One law requires that a minor child have frequent and continuing contact with both...more

Fox Rothschild LLP

How Nesting Can Turn Quickly to Custodial Warfare

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Back on October 6, 2023 we wrote about the concept of sharing custody in a setting where the children stay put and their parents move in and out of the former marital residence. We noted then that the concept can work but...more

Fox Rothschild LLP

The 3 Year Voyage to Decide If Grandparents Had Standing

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The April 26 decision in Hoover v. Lewis v. Cohen is emblematic of the slow moving crisis Pennsylvania and other family courts are experiencing. Not only are American families hard to manage today but we are having challenges...more

Lasher Holzapfel Sperry & Ebberson PLLC

Does My Child Have a Say in the Final Parenting Plan?

When a divorcing parent asks this question, their attorney might respond with the common saying, “Children have a voice, not a choice.” In Washington state, the extent to which a child’s voice is heard in establishing a final...more

Fox Rothschild LLP

Life After Love Gone Wrong Podcast: Season 3, Episode 7 - Invisible Scars: The Impact of Coercive Control on Children

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Living with a manipulative parent who exercises coercive control can be a silent struggle for children. Dr. Christine Cocchiola, DSW, LCSW, a clinician and social work professor, joins Sandra Fava to highlight the profound...more

Burns & Levinson LLP

Two Families Now: Co-Parenting Course Revised

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The Massachusetts Probate and Family Court has substantially revised Standing Order 3-23, which requires completion of a four-hour online parenting course, which has been renamed “Two Families Now.”  The revised Standing...more

Burns & Levinson LLP

Nesting – is it just for the birds?

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Clients often ask whether a nesting arrangement (also called “bird nesting”) in a child custody or divorce matter is a good idea. There is no right or wrong answer, as it depends upon the specific separating parents, the...more

Fox Rothschild LLP

Superior Court “Fans” On Claim that Mother’s Sex Work Should Affect Custody.

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As a trial lawyer, there were many days when I would sit in the back of a courtroom and take comfort in the fact that I didn’t have to decide the custody case that I was witnessing as a spectator. At times the facts made the...more

Fox Rothschild LLP

Watch an Equitable Distribution Unfold from the Front Row

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Much of the material we publish comes from Pennsylvania’s Superior Court. In most instances that court is reviewing trial court decisions based on whether the lower court committed an “abuse of discretion.” One of the...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

New Year Resolutions: Best Practices for Our Clients

Year-end and the beginning of the New Year are good times to check in on your family law matters. Myriad events might be triggered as the calendar switches over. A little pre-planning can avoid unpleasant surprises or...more

Fox Rothschild LLP

Is the Current Custody System Promoting Conflict?

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The first page of the non-precedential custody and contempt decision in T.J.N. v. K.M. more or less reflects a lot of the custody cases we have reported on in recent years. “Mother and Father were never...more

Dentons

Holiday Harmony: Scheduling Tips for Divorced or Separated Parents

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During the holidays, families spend time together observing religious, secular, and other personal traditions. For parents living together with their children, planning where everyone should be and when can already be a...more

Burns & Levinson LLP

How to Discuss Divorce with Young Children (a Divorce Lawyer’s Perspective)

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In many divorces, emotions run high, resulting in hurtful comments, emotional pain, and anger toward the other spouse. For spouses with young children, it can be hard to keep those emotions in check in the presence of the...more

Fox Rothschild LLP

When it Comes to Shared Parenting, Shouldn’t the Ability to Co-Parent be Paramount?

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Almost like King Solomon suggesting that a child be cut in two so that each parent can have half, more and more, I am hearing about judges and custody evaluators who default to 50-50 shared parenting. Now, that isn’t the law....more

Burns & Levinson LLP

Co-Parenting Course Required for Divorcing Parents as of November 1, 2023

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The Massachusetts Probate and Family Court has issued Standing Order 3-23, which requires parties to divorce, annulment, parentage, and modification actions involving custody or parenting time filed on or after November 1,...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Halloween: What Divorcing Parents Need to Consider

Halloween has always been a special holiday for children, and parents enjoy reliving it through their eyes. However, divorce can put a damper on things if the parents do not plan ahead and work together. Here are some tips to...more

Fox Rothschild LLP

The “Realities” of Interstate and International Custody Disputes

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Unlike most other cases, divorce and child custody cases often start somewhat explosively. This seems to apply to the recent filings involving Joe Jonas and Sophie Turner. Cases involving people with enormous wealth get...more

Lowndes

Navigating the Legal Maze of Parental Relocation in Divorce

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Celebrity news often grabs everyone’s attention, especially when it involves a divorce that is playing out both in the court system and in the public eye. Recently, headlines have followed the divorce of celebrity couple Joe...more

Fox Rothschild LLP

Jewish Divorce Talk: Episode 8 - Narcissism and Parental Alienation Talk

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Host Eliana Baer and her guest Morton Fridman, M.D. have both seen a rise in narcissistic behavior, and subsequent parental alienation, in the observant Jewish community. Dr. Fridman is a board-certified psychiatrist and...more

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